(영문) 대구지방법원 2017.04.28 2016노3326 | 리걸엔진

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(영문) 대구지방법원 2017.04.28 2016노3326

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is an unfavorable circumstance that the defendant deceivings the victim and defrauds the amount of 57,572,00 won in total over 42 times, which is not good to the nature of the crime, and the defendant has been punished for the same kind of crime several times. In particular, on July 16, 2015, the Daegu District Court sentenced 2 years of suspended sentence to 10 months of imprisonment with prison labor for the same crime, and on July 24, 2015, the above judgment became final and conclusive, and without being aware of it during the period of suspended sentence, and committed the crime of this case only one month from the date when the above judgment became final and conclusive.

However, in light of the fact that the defendant led to the confession of the crime of this case in depth, the defendant paid an amount of KRW 25 million, which is a part of the fraudulent damage amount, at the court below, to the victim, and paid an additional amount of KRW 12.2 million up to the trial, and the defendant paid an amount of KRW 37.2 million, which is a total of KRW 12.2 million, up to the trial. The defendant agreed that the victim would be 1.20 to KRW 1.1 million per month for the remainder of the fraudulent damage amount, and the victim would not want the punishment of the defendant, and the defendant would be able to pay the damage amount under the above agreement while working as a doctor for medical care protection, rather than issuing a sentence to the defendant, it seems that it would be reasonable that the defendant would be given an opportunity to pay the damage through economic activities within society. If the defendant selects a sentence of imprisonment with prison labor, it would be too harsh that the defendant would be able to return the defendant's normal punishment.

. The above.

유사 판례

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